Congressman Rob Bishop and members of the 10th Amendment Task Force plan to introduce a Federalism Resolution before leaving D.C. for the August recess.
The resolution is a statement of federalist principles that reaffirms Congress' commitment to the principle of federalism and the 10th Amendment. The resolution also acknowledges the historical purpose and relevance of federalism and recognizes that the cause of liberty demands that we return to Americans control over their lives and make government accountable again by bringing it closer to the people.
Following is the text of the draft resolution:
Recognizing that the cause of liberty demands that United States citizens have control over their own lives and government should be made accountable again to the consent of the governed, bringing it closer to the people and making it better able to solve their problems and serve their common good.
Whereas this is a Nation of States, and federalism is central to the structure of government and the very definition of American constitutionalism; Whereas throughout the history of the United States, most powers of government and the decisions that affect citizens’ day-to-day lives were to be made at the State level;
Whereas James Madison famously noted in The Federalist,‘‘The powers delegated by the proposed Constitution to the federal government are few and defined’’, and ‘‘Those which are to remain in the State governments are numerous and indefinite.’’;
Whereas the relationship between the Federal Government, several States, and the sovereign people is summed up most succinctly in the Tenth Amendment, ‘‘The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’’;
Whereas the structural division of powers and functions between the Federal Government and several States serves a practical and principled purpose that provides a double security against abusive or tyrannical government by causing each level of government to check the other in
the name of upholding the rights and protecting the liberties of the people of the United States;
Whereas ever-increasing amounts of regulations and laws emanating from the Federal Government, occurring in stages over the whole course of the 20th century but gathering particular momentum with the expansion of
regulatory government in the 1960s, have centralized and bureaucratized political rule in the United States, undermining the balance of federalism and threatening self government;
Whereas there are many areas that in recent decades have become Federal Government concerns but are better dealt with at the State and local levels of government including, education, transportation, health care, and homeland security;
Whereas this situation requires, and the very future of freedom and limited government depends on, a serious reassertion and restoration of American federalism and a real decentralization of government power and vast areas of policymaking from the Federal Government to States, local communities, neighborhoods, families, and individual citizens;
Whereas while recognizing that the restoration of federalism will require a widespread and extensive restructuring of government operations, up to and including the possibility of constitutional amendment to correct fully the
systemic problems of modern government, it is believed the best way to achieve the goal of real structural reform is by implementing practical but significant policies that will prove the virtues of federalism and begin the momentum toward change and build a new national consensus
for decentralizing policies;
Whereas under the current Administration, the ideology of big government has found a new voice and a new sponsor, and the results, from massive spending to the takeover of whole industries to new regulatory initiatives to
the explosion of debt, have been especially threatening and destructive to the idea and structural integrity of federalism; and
Whereas in an atmosphere where courts and the executive seem to be moving in the opposite direction, a new Congress must take upon itself the responsibility to limit the scope of Federal powers, extend the ability of the States to assert their legitimate powers, and thereby provide for the dynamism, opportunities, and creativity needed to solve problems, foster prosperity, and get the United States moving in the right direction:
Now, therefore, be It Resolved, That—
the House of Representatives—
(1) (A) recognizes that the cause of liberty demands that United States citizens have control over their own lives and government should be made accountable again to the consent of the governed, bringing it closer to the people and making it better able to solve their problems and serve their common good; and
(B) recognizes the historic and continuing importance of federalism and reaffirms its commitment to safeguard and uphold constitutional government as defined by the Tenth Amendment to the United States Constitution; and
(2) it is the sense of the House of Representatives that—
(A) this situation requires, and the very future of freedom and limited government depends on, a restoration of American federalism and a real decentralization of government power and vast areas of policymaking from the Federal Government to States, local communities, neighborhoods, families, and individual citizens; and
(B) while recognizing that the restoration of federalism will require a widespread and extensive restructuring of government operations, up to and including the possibility of constitutional amendment to correct fully the systemic problems of modern government, the best path toward achieving the goal of real structural reform is through practical but significant policies that will prove the virtues of federalism and build a new national consensus for decentralizing policies.